Creating a parenting plan can be one of the most complicated and contentious parts of getting divorced. Creating this document requires you and your ex-spouse to agree on how you will co-parent your children after the divorce. In Florida, your divorce cannot be finalized until a parenting plan is submitted and approved by the family court. Tensions become incredibly high when creating this document, which is why many parents have questions about what a parenting plan is and how to make one. Below, we answer the most common questions about creating a parenting plan.
What is a Parenting Plan?
A parenting plan is a written document that specifies how you and your ex-spouse will co-parent your children after the divorce is finalized. Parenting plans must include a time-sharing schedule (also called custody arrangement) and each parent’s responsibilities regarding their children’s upbringing and daily care.
Can You Get Divorced Without a Parenting Plan?
Parenting plans are required in Florida for all divorces involving minor children under the age of 18. The only way to get divorced without a parenting plan is not to have minor children living with you at home.
What Should You Include in a Parenting Plan?
Florida law has specific requirements for parenting plans. At a minimum, every parenting plan must include:
Time-sharing schedule
The time-sharing schedule is the custody arrangement you and your ex-spouse will follow for how and when your children will spend time with you after the divorce. Florida law assumes that 50/50 custody arrangements are within a child’s best interest unless evidence is provided that this arrangement would be detrimental to the children’s wellbeing. Your time-sharing schedule should contain stipulations for special occasions, vacations, and school breaks.
Parental Responsibilities
In addition to the time-sharing schedule, the parenting plan should include each parent’s role in various aspects of their children’s upbringing, such as who will provide healthcare insurance for the children or who is responsible for school pick-up and drop-off.
Communication Preferences
A parenting plan must also include the methods each parent can use to communicate with each other and their children. This part of the plan should also include who will provide primary contact information to the school, the children’s activities, and how information related to these functions will be disseminated.
How Do You Create a Time Sharing Arrangement?
While the time-sharing schedule should allow both parents to spend an equal number of overnights with their children, how this time is split throughout the year is determined by each family’s needs. You’ll want to consider each parent’s location relative to the children’s school and activities, work schedules, school breaks, and the children’s personal preferences.
What Age Does a Parenting Plan End in Florida?
Parenting plans remain in effect until a child turns 18 or graduates high school—whichever comes last. Other stipulations, such as cases involving children with special needs, could cause the parenting plan to remain in effect outside the typical timeframe.
Do You Have to Follow the Parenting Plan?
Yes. Once a parenting plan is approved and finalized by the court, it’s a court-mandated order that must be followed indefinitely. If you or your ex-spouse choose not to follow the parenting plan, you could be held in contempt of court, and your ex could petition for make-up time. The offending parent may also be ordered to attend counseling and pay attorney and court fees.
How Do You Modify A Parenting Plan?
Parenting plans go into effect immediately and indefinitely after a divorce is finalized. If you wish to modify a parenting plan, you must have had the current plan in effect for three years, and you must present an alternative plan that you and your ex have agreed to. There should also be a substantial change in order to modify the parenting plan, such as getting a new job, relocating, or experiencing significant changes to your lifestyle.
Parenting Plan Creation with Remsen Family Law Firm
Creating a parenting plan is one of the most critical aspects of getting divorced if you have minor children at home. It’s important to work with an experienced Lake County family law attorney, like our team at Remsen Family Law Firm, to advocate for your preferences regarding time-sharing schedules and parental responsibility. Call our office today or contact us online to schedule a consultation to discuss your case.
